Repeal of the Fixed-term Parliaments Act 2011 Debate

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Department: Department for Education

Repeal of the Fixed-term Parliaments Act 2011

William Cash Excerpts
Thursday 23rd October 2014

(9 years, 6 months ago)

Commons Chamber
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William Cash Portrait Sir William Cash (Stone) (Con)
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On my hon. Friend’s remarks about the coalition, I have read his piece on the “ConservativeHome” website, and perhaps he would be good enough to look at mine, because I very much agree with him. The problem is not just the question of institutional issues; it is also the practical reality of the Liberal Democrats having the capacity, in relation to the Fixed-term Parliaments Act and in other respects, to frustrate the government of this country by a Conservative majority.

Edward Leigh Portrait Sir Edward Leigh
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It is not for me to speak for the Liberal Democrats—unfortunately they seem to be absent from the Chamber. May I say that I always read my hon. Friend’s speeches with the closest possible attention? Both he and I were, of course, in coalition in our beloved Conservative party with a social-liberal leadership. I sometimes think that the Conservatives on the Treasury Bench would rather be in coalition with the Liberals than with the likes of me. If that is true, it is no surprise if party membership is under stress.

The contrary system to ours involves a host of smaller parties combining in smoke-filled rooms—although they are probably smokeless now—in order to make deals and hash out a coalition that may be contrary to voters’ wishes. That is often the continental system.

Of course, the Act we are talking about today moves against the spirit of the idea that one Parliament cannot bind another. That is rubbish anyway, because if somebody gets a majority in the next Parliament, they can simply repeal this Act in an afternoon. All the checks and balances are meaningless in any event, because one Parliament cannot bind another.

So, looking to other parliamentary democracies outside the Westminster system, we see that fixed terms are a rarity. Often they are based on the peculiarity of local circumstances, such as in Germany or Switzerland. France, Sweden, Denmark, Finland, Austria, Belgium and the Netherlands all provide for early Dissolution more easily than is envisioned under this Act.

One highly esteemed political scientist, Juan Linz, described in 1994 the capability for an early Dissolution as a critical antidote to the temporary rigidity of presidential-style systems. Linz was wise to point out that the power of Dissolution allows for stronger Governments who are more capable of responding to emergencies or to changes in democratic expression. He wrote that the fixed tenure means that the

“political process therefore becomes broken into discontinuous, rigidly determined periods without possibility for continuous readjustments as political, social and economic events might require.”

Indeed, I think the whole idea of fixed-term Parliaments has a Blairite feel to it, in a fawning admiration of the American style of government.

While a long line of thinkers, not least Russell Kirk, have been keen to point out the British roots of the American system, in fact, as you will know, Mr Speaker, it is very different from our own. Our daughter-Parliaments in Ottawa, Canberra and elsewhere have grown up in a very different way from the American system. The United States does not even have general elections, with different portions of both its Houses being elected in fits and starts every two years.

There is also another factor in the American system which we must avoid importing to these islands—this is an important point, which we have seen in this Parliament. With America’s fixed terms, the first half is spent legislating while the second half is spent in campaigning and raising money for the coming election campaign. The fixed date of the election is inherently conducive to that kind of mentality.

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Edward Leigh Portrait Sir Edward Leigh
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Yes, that is true, but we all know—my right hon. Friend has been a Minister as have I—that the moment the election is called, civil servants do not allow Ministers to do anything. In theory, we still have Ministers in charge, but in practice we do not have a Government who can do anything. It is worrying that under this Act of Parliament we could have such a long period of, effectively, no Government.

William Cash Portrait Sir William Cash
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Will my hon. Friend be good enough to give way?

Edward Leigh Portrait Sir Edward Leigh
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For the second time.

William Cash Portrait Sir William Cash
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Yes, indeed. With respect to the role of the civil service—of Lord Gus O’Donnell specifically—in putting this coalition together, an extraordinary amount of power was exercised by civil servants in relation to the coalition discussions, which included the proposals for this Act.

Edward Leigh Portrait Sir Edward Leigh
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I did not know about that, but my hon. Friend raises a good point, and I am very worried about it. Frankly, this coalition shows us that coalitions are a bad idea. It would have been much better to have had a minority Government. We could have gone to the people after a year or 18 months to seek a proper mandate. That has been done twice by Labour in the 1960s and the 1970s. There was no constitutional outrage, debate or scandal about it. Harold Wilson did it twice and nobody seemed to worry very much. People said that it was necessary to have a coalition to deal with the deficit. Leaving aside the fact that we have not yet properly dealt with the deficit anyway, a Conservative Government could have got on with dealing with the deficit from day one. They had the mandate to do so, and they could have renewed that mandate after a year or 18 months, and we would now have a much stronger Government.

We find ourselves stuck in a lowest common denominator straitjacket, which no one voted for—

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Graham Allen Portrait Mr Allen
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The benefit of our having a final year and knowing it is a final year is that we can plan for how we can sensibly use that final year. I absolve my hon. Friend the Member for Liverpool, West Derby (Stephen Twigg) of this, but is all the nonsense of “It will be a zombie Parliament unless we pack the last year full of inconsequential legislation, so that we can we pretend that we are macho and running the country” the best that we can do?

My Committee has produced two reports on this issue. We have studied it in great detail, and have heard from highly expert witnesses. We concluded that the fifth year of a Parliament could, because we would know that it would be the last year, be very different culturally—although not this first time round, because we are not used to it. Let us return to the default position of the old dogfight! Let us all slam each other over the Dispatch Box! But perhaps we could use the last year very constructively, rather than entering a state of paralysis or conducting ourselves in our normal, conventional way—often disgracefully, in the eyes of the public.

William Cash Portrait Sir William Cash
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Did the hon. Gentleman’s Committee take evidence from Lord Norton of Louth? If so, can he remember what conclusions Lord Norton reached?

Graham Allen Portrait Mr Allen
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I am afraid that I cannot remember, but Lord Norton of Louth—who is a very distinguished Member of the other place—gives evidence to us regularly, and I am confident that if we did not take oral evidence from him, he would have submitted some written evidence. I hope that the hon. Gentleman will forgive me for not being able to recite it. No doubt he can do so.

Let me return to the points made by the hon. Member for Cities of London and Westminster (Mark Field). We can plan our lives here better. We, Members of Parliament—not the Government—can plan our lives better, in the parliamentary interest. That means not being told what to do. It does not mean being told how wonderful it is to be able to have a debate of our own choosing on days such as this. Aren’t we lucky to be able to have a couple of debates every so often? Aren’t we lucky to be allowed out into the playground? That is better than being told every second of our waking day what agenda is being set by the Government, and hearing the nonsense that somehow Parliament is deciding stuff. Of course it is the Government who are deciding—but, on this occasion, we have made a little bit of an inroad on behalf of Parliament.

Those were very good points, and I shall be sure to write them up and pass them to my local Member of Parliament; so the hon. Member for Cities of London and Westminster can expect a letter in the morning.

Let me explain a little about the importance of what a fixed-term Parliament allows us to do, first as a Parliament, secondly as an Administration and a Government, and thirdly for the electorate. What does a fixed-term Parliament allow us to do as Members of this House, and as members of Select Committees and other institutions in the House? For one thing, it allows us to have a sensible legislative programme. Until the advent of the fixed-term Parliament—and I look forward to the legislative programme of the next one, because by then we shall have learnt a few lessons—it was the same every time. An election was won, and no one was sure how long the Parliament would last. It was a case of “Let us stuff the big important Bills through the House at the earliest opportunity.” Then there will be a ton of Second Readings before the Christmas of the new Parliament, things will be pushed through and often written very poorly, and later on we will have a period in the doldrums when things are drifting along because most of the legislation has already gone through.

That is anathema to what I suspect virtually all colleagues in the House would support me on, which is pre-legislative scrutiny. A fixed-term Parliament allows us, for the first time ever, to plan our legislative programme, because we know when the beginning, middle and end are. Things that require more work and more detailed analysis by the civil service to produce a draft can be prioritised—really important, practical things that can involve the British public and bring them with us. The Scottish example has shown what fantastic accidental glory democracy can deliver us. Imagine if we planned our next employment Bill and talked to working people and employers. Imagine if we really thought carefully about what a climate change Bill could do three years hence. Imagine if we had a Parliament talking to the electorate because it knew how it could plan its legislative programme. What a different Parliament it would be if we decided to go that way—a Parliament that might earn people’s respect.

Pre-legislative scrutiny would allow this House to present a Bill and say, “Here’s our draft, let’s have a Second Reading and agree the principles, and then we’ll give it to an expert committee of colleagues of all parties to look at for a serious period”—three, four, five or six months—“to really get to the bottom of this and get the evidence together.” A Government who were listening could then enable that to happen—not once, because we have made a persuasive argument on the Floor of the House and won a vote, but as a matter of course because that is the way we conduct our business. We would then be in great danger of producing good law that did not require our coming back the next year to put right the things that were got wrong because we did not take our time or that needed a thousand amendments from the other place because our legislative process was so poor.

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William Cash Portrait Sir William Cash (Stone) (Con)
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I opposed the Fixed-term Parliaments Bill before it was enacted at every conceivable point during the procedure for simple reasons. First, I regarded it as fundamentally undemocratic, but I also believed that it will not stand the test of time. The reasons for that have been ably explained by my hon. Friend the Member for Gainsborough (Sir Edward Leigh) and others. My hon. Friend the Member for Poole (Mr Syms) was a little more circumspect, but he indicated none the less that he is not very happy with the idea of fixed-term Parliaments. I stand by everything I said in 2010, and I believe that those of us who took a stand against the Bill before it was enacted, including in the House of Lords, have been proved right. The Act needs not only to be reviewed, as provided for in section 7, but it ought also to be repealed, and that is why I am speaking in this debate.

The Act was also conceived in very dodgy circumstances. It arose without pre-legislative scrutiny and there was no consultation whatsoever. It was not in our manifesto, but it has profound constitutional implications that I will try to touch on in a moment. It was designed to give succour and support to the coalition. Indeed, it is embedded in the whole concept of the coalition—in a moment I will explain some of the remarks made by the right hon. Member for Yeovil (Mr Laws) about that, and the bearing that it has not only on this debate but on the whole of this unfortunate episode and this unfortunate Act of Parliament.

I wrote to my right hon. Friend, the Prime Minister, on 10 May 2010, before the coalition was entered into. I urged him in the strongest possible terms not to enter into a formal coalition with the Liberal Democrats, although I explained that if there were to be an informal understanding—perhaps Supply maintenance or whatever —that would be another thing. Hon. Members have already mentioned this, but had we had a minority Government at that time, which I urged on my right hon. Friend, I think we would have won a general election quite soon afterwards, because nobody would have voted for the Labour party under any circumstances. We would have demonstrated that we had a good case by pursuing Conservative policies at that time, and that would, of course, have included not having a fixed-term Parliament.

In a letter in today’s Daily Telegraph I suggest that the time has come for the coalition on the basis that the Liberal Democrats are using their power of votes to frustrate the 304 Conservative Members of Parliament and their Prime Minister on a whole range of important matters of not only constitutional but also political significance. I understand that the referendum is still under discussion, but the Liberal Democrats have clearly indicated that they do not want one. The same applies to the question of boundary changes—the list is long. I do not mean to elaborate on those issues, but I have no faith in the coalition, and the Fixed-term Parliaments Act 2011 is a vehicle by which it has been given a constitutional support mechanism that, in my judgment, is completely unjustified by subsequent events.

Andrew Turner Portrait Mr Andrew Turner
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My hon. Friend says he is concerned about what the Liberals are doing in standing in the way of this Government and Parliament, and particularly of Conservative Members, but the Conservatives are also not allowed to agree with the Labour party on anything. The Government cannot introduce a Bill with the support of the Labour party because the Liberals may veto it.

William Cash Portrait Sir William Cash
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That is an important point, and I endorse very much what my hon. Friend has said.

The arrangements in the Act are effectively a stitch-up, just as they were when we first considered the Bill back in 2010. I am glad to note that section 7 contains a requirement for the Prime Minister to hold a review, and only MPs can sit on the Committee that will review this Act. The fact that the Lords had to insist on that provision demonstrates that the Government would not have got the Bill through had they not made that arrangement. The whole thing is effectively in suspension anyway, and it is therefore a natural consequence of the limbo that this unfortunate and unacceptable enactment has put in place that the Act is up for repeal, subject to what is decided in 2020. I believe that it should be reviewed much sooner than that, and I am speaking in this debate because I very much endorse the proposals of my hon. Friends the Members for Gainsborough and for South Dorset (Richard Drax).

On 24 November 2010 I said—and I stand by this:

“What does such innovation say about the coalition? It certainly demonstrates its determination to stack the cards firmly in favour of the coalition and the Whips.”

I said the Act was

“not modernising, but is a reactionary measure. It is not progress, but a step backwards, along the primrose path, undermining the constitutional principles that have governed our conventions and been tested over many centuries. The proposal has been conjured out of thin air, for the ruthless purpose of maintaining power irrespective of the consequences…we are supposed to be “Working together in the national interest—”

that was the theme of the moment—

“I fear that on this Bill, on this matter, we are working together against the national interest.”—[Official Report, 24 November 2010; Vol. 519, c. 318-9.]

What are the consequences of what we are now considering? The Fixed-term Parliaments Act is still in place and it should be repealed. Clearly it will not be repealed before the end of this fixed term, but I wish to dwell on a number of points that have been raised. I freely acknowledge that some of these arguments, which have not been given general circulation, were put forward by Lord Norton of Louth. I mentioned him in an intervention on the hon. Member for Nottingham North (Mr Allen), Chair of the Political and Constitutional Reform Committee. I hope that his Committee asked Lord Norton for his views, with which I entirely agree, and I will encapsulate them.

Lord Norton makes the point that there are real problems with the 2011 Act, and that fixed-term Parliaments limit rather than enhance voter choice. That is the real problem. I tabled an amendment on the confidence motion and the 14 days—I do not need to go into that now because it was not accepted although the vote was quite close with only about 50 in it. I tabled an amendment to the arrangements that were being proposed at the time, and it certainly evoked an interesting and lively debate. My concern was that the whole parade that would take place within the 14 days, including the confidence motion and its arrangements, would be very much governed by powerful whipping to ensure that people fell into line with what the Government wanted. I was concerned that there would be a constant stream of people walking up and down Whitehall, just as we saw on television screens when the coalition was being put in place, and that the people who would make the final decision on the final wording about the holding of a confidence motion—including an affirmation after 14 days that the House had confidence in the Government—would not only be driven by the Whips, but would exclude the voters. Surely that is the real point. Why are we here? Who elects us? It is not our House of Parliament or our Government: it is the voters’. If things have gone completely awry and there is a case for an early election, as prescribed by the Act, the simple principle is that we should go back to the voters. We should not have a stitch-up within the Government, with the Whips making certain that people vote accordingly.

Fixed-term Parliaments limit rather than enhance voter choice. The outcome of one election cannot be undone until the end of the stipulated term. One Government could collapse and inter-party bargaining could produce another. In those circumstances, voters would be denied the opportunity to endorse what amounts to a new Government. That is a fatal position for us to have adopted. It is so undemocratic. Indeed, an unstable and ineffective Government may stagger on without achieving anything—we heard remarks to that effect from the hon. Member for Great Grimsby (Austin Mitchell).

In 1991, the then Leader of the House of Lords, Lord Waddington put it thus:

“Is it better for a government unable to govern to go to the country to try to obtain a new mandate or for the same government to spend their time fixing up deals in which the unfortunate electorate has no say whatsoever? The people not the parties should decide who governs.”—[Official Report, House of Lords, 22 May 1991; Vol. 529, c. 260.]

What wise words. In essence, fixed-term Parliaments rob the system of our hallowed flexibility and limit voter choice. That choice is limited by this Act.

Although the policy of the Liberal Democrats was for four-year Parliaments—I concede that—agreement was reached quickly in May 2010 for a five-year term, and the right hon. Member for Yeovil (Mr Laws), who has written about that period, indicated that the object of the Act was to allow time to implement plans before worrying about the timing of the electoral cycle. But five-year terms mean that the voters have fewer opportunities than before to go to the polls, and most post-war Parliaments have not gone their maximum length—now a five-year term is an absolute requirement.

Anne Main Portrait Mrs Anne Main (St Albans) (Con)
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Does my hon. Friend agree that by having a maximum length—which is not the norm, as most Parliaments lasted slightly under four years—the voters are denied the right to say what they think about policies and perhaps change their mind sooner rather than later?

William Cash Portrait Sir William Cash
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As ever, my hon. Friend makes huge sense. These are simple questions. It is not an abstract, theoretical argument: it is about the simple question of whether, if the Government are ineffective or have gone badly wrong, they should be kept together with Sellotape because they satisfy the requirements to stay in a coalition—which is itself a stitch-up—under a provision in an Act of Parliament. As I wrote to the Prime Minister in my letter of 10 May 2010, that will work against the interests of voters and, effectively, the national interest.

Graham Allen Portrait Mr Allen
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Does the hon. Gentleman realise that he is making a strong argument for the direct election of the Government, just as we are directly elected? It would be terrible if he were to pay the price personally at the next election for the faults of the Government. The Executive should be for election so that members of the public have the right, which exists in most western democracies, of directly electing their Government rather than using him as a proxy.

William Cash Portrait Sir William Cash
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I do not accept that proposition, but we do not have time to go through all the implications. I also completely repudiate his suggestion of a written constitution, and I suspect what the hon. Gentleman has just said has something to do with that.

The revelations by the right hon. Member for Yeovil about the coalition negotiations also implicitly accepted the argument that fixed-term Parliaments facilitate long election campaigns. That is where we are now. We are in an election campaign already, and questions arise about the amount of money that is being generated for financing purposes. That is a practical objection, the realities of which we are seeing as I speak. MPs are not expected to be very visible in Westminster during this Session, and I need only look at the Opposition Benches to see that only two Opposition Members are listening to this debate.

As was made clear in evidence to the House of Lords Constitution Committee, knowing well in advance when the next election will take place encourages Governments to manipulate the economic cycle to their maximum advantage. That is a not unknown characteristic of Chancellors of the Exchequer, and we will have the autumn statement soon. But that substantial question has to be addressed.

The Act was a consequence of the need to build trust between coalition partners, and that is clear from all the books that have been written about the stitching up of the coalition. There was no agreement by the Conservative party that I would regard as proper agreement. As my hon. Friend the Member for Gainsborough said, we had a meeting at which we were told certain things about what was going on between the Labour party and the Liberal Democrats, and there was some doubt about that, if I may put it that way.

Anne Main Portrait Mrs Main
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Does my hon. Friend agree that the public made no mention of their desire for a fixed-term Parliament when we were out campaigning?

William Cash Portrait Sir William Cash
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That is true. There was no consultation or any attempt to discuss the implications for the voters. The negotiators were not particularly well versed in constitutional arrangements and the Act did not do what its short title suggests. In fact, the Act provides for semi-fixed terms. It includes provisions that allow early elections in certain circumstances, so to call it a fixed-term Parliament is a misnomer. Certain procedures would allow an early election. It is just that the circumstances that would enable that early election would be stitched up—as was the original coalition. They would enable early elections, but to what extent would the voters be involved? That is essentially undemocratic, and it also gives false hope that voter choice may not be as limited as under strict fixed-term provisions.

An election can be triggered if a vote of no confidence is carried against the Government and, within 14 days, a new Government is unable to carry a vote of confidence, or if two thirds of all MPs vote for an early election. It can also be triggered if everyone agrees on the need for an early election, but that seems extremely improbable. It is difficult to imagine when the idea of two-thirds of all MPs voting for an early election could ever be employed. Parties are hardly likely to vote for an early election if the opinion polls are not propitious. A Government could seek an early election by engineering a vote of no confidence in themselves, but, for heaven’s sake, if that were to be the case—I have had that put forward as quite a serious proposal—it is hardly likely to promote the reputation of, and confidence in, the parliamentary system.

The Fixed-term Parliaments Act says nothing about what happens where a Government implode and then resign but the provisions in the Act are not triggered. We would then be in what has been described as the Belgian situation—Parliament continuing without a Government being in existence. I believe profoundly that the Act is an aberration. I think it is wrong. I think it is undemocratic. I think it requires repeal. I am aware that there is provision for it potentially to be repealed in 2020 under section 7, but it should happen much sooner, and as soon as possible.

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Richard Drax Portrait Richard Drax
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As my hon. Friend the Member for Harwich and North Essex so wisely said, perish the thought that parties are partisan or non-partisan in these events. Of course they are. If the economic climate warrants the Prime Minister going to the country in the belief that he or she will win, I find that perfectly pertinent. I see no problem with that whatever. As I said, it keeps everybody on their toes.

This tinkering with the constitution, which is what we did, was not thought through and not much debated. The electorate certainly did not have a choice on fixed-term Parliaments. I believe that we tinker with the constitution at our peril. I admit that I voted for the measure at the time, but I was green and naive in those days, and I would not vote for it now. We are, as a consequence of this Act, stuck in a situation that does not satisfy Parliament or the parties and certainly not the electorate.

Over the last two or three days of debate, we have heard many Members saying how awful they think the public think we all are. I disagree. My view is that we should stop self-flagellating and get on with our jobs. We should stand up for what we believe in and tell the country exactly where we stand on issues. Sadly, in a coalition partnership, it is difficult to do that.

Finally, I would have liked the Fixed-term Parliaments Act to contain a sunset clause, but sadly it did not. As Members have said, it is to be reviewed in 2020. When the Minister makes his winding-up speech, I would be grateful if informed us where exactly the Government stand on this issue. I am sure that the shadow Minister will do exactly the same.

William Cash Portrait Sir William Cash
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With respect to the question of whether people outside know what we are doing, does my hon. Friend believe, as I do, that they are now much more in a fog than they were because of the identity of the Conservative party being lost in this amorphous coalition—

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. There have to be short interventions. Sir William, you have already had a speech. We do not want you to make another one. A short intervention was all that Mr Drax needed.

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Stephen Twigg Portrait Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)
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I congratulate the hon. Member for Gainsborough (Sir Edward Leigh) and the other Members on both sides of the House on securing the debate. It is a debate of great constitutional significance, as we have heard. The Fixed-term Parliaments Act 2011 repealed an important and long-standing aspect of the royal prerogative which allowed Prime Ministers to dissolve Parliament when they saw fit. I pay particular tribute to my hon. Friend the Member for Nottingham North (Mr Allen). I found myself in agreement with pretty much everything he said this afternoon and I will do my best not to repeat it.

William Cash Portrait Sir William Cash
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The hon. Gentleman has just referred to the repeal of the prerogative. Does he believe that if the Act were repealed, either under the motion or in 2020 under the provisions of section 7, that the prerogative would revive? I imagine that he has had a chance to look at that issue.

Stephen Twigg Portrait Stephen Twigg
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I will return to that issue, which relates directly to a point that the hon. Gentleman made. He referred to the review, and I welcome the fact that there will be a review, but I am certainly not persuaded by anything that I have heard today that it would make sense to do what the motion says and repeal the Act. I would like to set out the reasons why.

The hon. Member for Harwich and North Essex (Mr Jenkin) suggested that Labour had supported a fixed-term Parliament because of our predicament following the general election in 2010. The problem with that argument is that it was in our manifesto prior to the 2010 general election. Labour was committed to a fixed-term Parliament. Our view was to have a four-year fixed-term Parliament, and we were persuaded by our review of policy in preparing our manifesto of the democratic case for having a four-year fixed-term Parliament.

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Stephen Twigg Portrait Stephen Twigg
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Absolutely. I wonder whether the motion should have been worded, “That this House supports the repeal of the coalition agreement”, because most of the speeches from Conservative Members seem to be more about rehearsing debates about the coalition than the issue before us.

Fundamentally, this debate is about the power of the Executive in Parliament. I believe that the Act enhances the role of the House by removing the ability to dissolve Parliament whenever a Prime Minister saw fit. That seems to be the absolutely central argument in favour of a fixed-term Parliament. The hon. Member for Stone (Sir William Cash) talked about voter choice, but the system prior to fixed-term Parliaments did not give voters more choice; it gave choice to the Prime Minister and the leader of the party in government. That is not a democratic argument at all. In a modern democracy we should not accept that form of unaccountable power. The Act imposes constraints that give more power to this House versus the Executive.

William Cash Portrait Sir William Cash
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It is the pressure exerted at the point we reach a confidence motion that demonstrates what is going on outside as well as inside. Had there been a similar situation over, for example, the Maastricht treaty, I have no doubt that there would have been a resurgence of voter opinion at that time. I think it is democratic, not the other way round.

Stephen Twigg Portrait Stephen Twigg
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As the hon. Gentleman said in his speech, the Act retains the ability of the House to pass motions of no confidence in the Government of the day. That safety valve to which he refers still exists.

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Sam Gyimah Portrait The Parliamentary Secretary, Cabinet Office (Mr Sam Gyimah)
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We have had some great contributions from both sides of the House. There were seven Back-Bench speeches, from my hon. Friend the Member for Gainsborough (Sir Edward Leigh), the hon. Member for Nottingham North (Mr Allen), my hon. Friend the Member for Poole (Mr Syms), the hon. Member for Great Grimsby (Austin Mitchell), and my hon. Friends the Members for Stone (Sir William Cash), for Harwich and North Essex (Mr Jenkin) and for South Dorset (Richard Drax). They all made some thoughtful and insightful points about the Act. The arguments put forward can be summed up as follows: the Act is an aberration, it is a political stitch-up and it strengthens the Executive over Parliament and the public, and that it therefore should, in the words of my hon. Friend the Member for Gainsborough, be reviewed and repealed. I will address each of those points in turn.

First, on the issue of review, which my hon. Friend the Member for South Dorset explicitly asked about, it will be for the next Government, whether of a single party or of coalition parties, to evaluate how the Act has operated in this Parliament, and what, if any, lessons can be learned, and how they can make best use of their own fixed term. Not only will such an appraisal assist the next Government in their planning, but it can help to inform any amendment that might be needed to the Act.

I turn to the case that was made for repealing the Act. There has not been consensus about whether the argument is about having a shorter fixed-term Parliament or not having any fixed term at all. It is interesting to note that the right length of a Parliament has been debated in this House over centuries, which should come as no surprise in our 800-year-old democracy. It is striking how, at different points in our history, the case for shorter, and indeed longer, Parliaments has been made. In the 17th century—in 1641 and again in 1694—we had Triennial Acts requiring Parliament to be called every three years; I am sure the hon. Member for Great Grimsby would agree with that. From 1716 we had the Septennial Act, setting the maximum duration of a Parliament at seven years. That was amended in 1911, to set the maximum at five years, and finally repealed in its entirety only in 2011.

William Cash Portrait Sir William Cash
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In my hon. Friend’s historical survey, has he noticed that the reason why the Triennial and Septennial Acts were passed was to suit the convenience of the Government of the time? In the case of the Septennial Act, it was also to do with the Jacobites and the rest of it, but it has always been for the convenience of the Government. That is the purpose of such Acts; there is no great constitutional principle.

Sam Gyimah Portrait Mr Gyimah
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I thank my hon. Friend for his point. There were, of course, many other times when Parliament has considered whether we have the right balance for our time. During the era of the American revolutionary war, a Bill for annual Parliaments was moved year after year by a small but committed core of Back-Bench supporters. In response to my hon. Friend, I would say that our debate today continues the fine tradition of probing our constitutional arrangements, and, yes, it is right to continue to probe and to ask the right questions, but he and his colleagues’ concern about the fixed nature of this Parliament is not new in our democracy.